Law: Penal Code (XLV of 1860)

Section: 302, 304, 300

(a) Penal Code (XLV of 1860) Ss. 302 & 304, Part I read with S. 300, Exception I-Murder-Prosecution witnesses unable to explain immediate cause of attack by appellant ~-One prosecution witness admitting in cross-examina tion fact of deceased being a woman of easy virtues and compelling her daughters to adopt immoral life-Appellant also admitted by witness to have given such explanation then and there-Some witnesses giving only evasive answers and contradicted by others-Statement of appellant coupled with admission made by one of eye witnesses about fidelity of deceased and her conduct towards her daughter held, brought case within scope of Exception I to S. 300, Penal Code, 1860. -[Evidence]. (b) Penal Code (XLV of 1860) S. 304, Part I-[Murder-case]-Neither Investigating Officer examined nor recovery witnesses produced by prosecution and given tip by prosecution as unnecessary-Examination of Investigating Officer-Necessary requirement---Non---examination of such Officer-Leaves entire investigation unproved and causes prejudice to accused-Held: Prejudice caused to accused pleading guilty ----Period of sentence already undergone by accused appellants sufficient to meet ends of justice in circumstances. Date of hearing: 3rd October, 1979.                                                                                                                               JUDGMENT Muhammad Yaqoob (70) resident of Jahanian, tehsil Khanewal district Multan was tried for the murder of his wife Mst. Maryam, by Mr. Muhammad Sharif. Sessions Judge, Multan. On 13thDecember, 1976 he was convicted under section 304, Part I, and sentenced to 10 years' R. I. The convict has appealed through Jail. 2. Muhammad Yaqoob doubted the fidelity of his wife, he often used to quarrel with her. At Peshivela on 12th February, 1974 Muhammad Yaqoob attacked her with a knife ; the…